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Legal Malpractice Targeted

The Beijing Municipal Lawyers Association is seeking to adopt a more effective rating and supervision system for their profession.

 

The number of lawyers has increased by an average of 1,000 per year in China's capital city, according to association sources. But complaints against the profession have also been mounting, with the number upheld reaching 200 last year.

 

In response Zhang Xiaowei, director of the association's Regulation and Systems Committee, revealed Sunday that a ratings system will be established, adding that a record would be kept of those lawyers who operate using inadequate practices.

 

Zhang was speaking at the International Seminar on Legal Issues for a Growing Economy, an event hosted jointly with the Law Society and Bar Council of England & Wales.

 

The association began to reveal practice conditions and performance ratings on lawyers and law firms to the public last year. This move was in preparation for the launch of a special website and magazines to publicize the information. The overall shake-up will make the legal industry more transparent and enable objective inquiry.

 

Professional supervision and punishment for malpractice will be strengthened, said Wu Yigang, vice director of the association's Discipline Committee. "In the past, lawyers violating the law could not be punished. But now the committee has been authorized to punish those lawyers who bring the industry into disrepute."

 

Those committing malpractice and the punishment they receive will be made public, but Wu also said that self-rule by the association is still limited. "As qualification and registration are still authorized by the government, we are still unable to strike off and cancel certificates of malpracticing lawyers," he said.

 

The most serious punishment meted out by the association is a three-month suspension. "This punishment is not strong enough for those lawyers who continuously break industry principles," said Wu.

 

Corruption and poor conduct are two of the main concerns that undermine public confidence in the legal profession. But experts say corruption and malpractice among judges must also be addressed.

 

(China Daily November 1, 2004)

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